Facilities for persons resident outside India

ANNEX I Comprehensive Guidelines on Foreign Exchange Derivatives and Overseas Hedging of Commodity Price Risk and Freight Risk Given below is the description of the categories of persons who are permitted to

access the OTC foreign exchange market in India for managing exchange rate and

interest rate risks as also the menu of permitted products that can be used for

hedging different categories of foreign exchange rate exposures. Additionally, the

facilities for residents to hedge commodity price risk and freight risk overseas is

described under para D and E below.

A) Persons resident in India (other than AD Category-I banks) 1) Contracted Exposures – The following products are permitted to be used:

i) Forward Foreign Exchange Contracts

ii) Cross Currency Options (not involving the Rupee)

iii) Foreign Currency-INR Options

iv) Foreign Currency-INR Swaps

v) Cost Reduction Structures

vi) Cross currency swap, Interest Rate Swap, Coupon Swap,

Interest Rate Cap or Collar (purchases), Forward Rate

Agreement

2) Probable Exposures based on past performance - The following

products are permitted to be used: i) Forward Foreign Exchange Contracts

ii) Cross Currency Options (not involving the Rupee)

iii) Foreign Currency-INR Options

3) Special Dispensation – The following categories are permitted under

special dispensation:

i) Small and Medium Enterprises (SMEs)1 - Permitted to book forward

foreign exchange contracts without production of underlying

documents for hedging their direct /indirect exposure to foreign

exchange risk.

o Product : Forward Foreign Exchange Contracts

ii) Resident Individuals - To hedge their foreign exchange exposures

arising out of actual or anticipated remittances, both inward and

1 SME as defined by the Rural Planning and Credit Department, Reserve Bank of India vide circular RPCD.PLNS. BC.No.63/06.02.31/2006-07 dated April 4, 2007.

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http://rbi.org.in/scripts/BS_CircularIndexDisplay.aspx?Id=3391

outward, without production of underlying documents, up to a limit of

USD 100,000, based on self declaration.

o Product : Forward Foreign Exchange Contracts

B) Persons resident outside India – The following categories are permitted

to hedge their contracted foreign exchange exposures:

i) Foreign Institutional Investors (FIIs)

ii) Persons having Foreign Direct Investment in India

iii) Non-resident Indians (NRIs)

For these categories, subject to terms and conditions enumerated later, the

following products are permitted:

• Forward Foreign Exchange Contracts

• Foreign Currency-INR Options

C) Authorised Dealers Category - I (AD Category-I)– Hedging can be

undertaken for the following purposes:

i) Management of Assets and Liabilities

ii) Hedging of Gold Price Risk

iii) Hedging of currency risk on Capital

The products and terms and conditions for each of the purposes are enumerated

later.

D) Commodity Derivatives Residents are permitted to use OTC and exchange-traded commodity derivatives in

international markets for hedging their exposures to commodity price risk subject to

conditions specified under the relevant para. Applications for commodity hedging by

companies/ firms, which are not covered by the delegated authority of AD Category -

I banks or on behalf of customers who are exposed to systemic international price

risk, may be forwarded to the Reserve Bank through the AD Category I bank for

permission.

E) Freight Derivatives Domestic oil refining companies and shipping companies are permitted to use OTC

and exchange-traded freight derivatives in international markets for hedging their

exposures to freight risk, subject to conditions specified under the relevant para.

Other companies exposed to freight risk can seek prior permission from the Reserve

Bank through their AD Category I banks. F) Reports

AD Category I banks are required to submit reports on derivative products, as per the

details given in this section.

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A) Products for Persons Resident in India – Other than Authorised Dealers Category – I

The facilities for persons resident in India (other than AD Cat I bank) are elaborated

under paragraphs A I and A II. Paragraph A I describes the products and operational

guidelines for the respective product. In addition to the operational guidelines under

A I, the general instructions that are applicable across all products for residents

(other than AD Cat I banks) are detailed under paragraph A II.

A I. Products and Operational Guidelines

The product/purpose wise facilities for persons resident in India (other than AD

Category I bank) are detailed under the following subheads:

1) Contracted Exposure

2) Probable Exposure

3) Special Dispensation

1) Contracted exposures

AD Category I banks have to evidence the underlying documents so that the

existence of underlying foreign currency exposure can be clearly established. AD

Category-I banks, through verification of documentary evidence, should be

satisfied about the genuineness of the underlying exposure, irrespective of the

transaction being a current or a capital account. Full particulars of contract should

be marked on the original documents under proper authentication and retained for

verification. Where it may not be possible to retain the original documents,

evidencing underlying exposures, it will be in order for the AD Category- I banks to

verify the original document and retain a copy thereof for making the necessary

endorsements. In either of the cases, before offering the contract, the AD

Category I bank should obtain an undertaking from the customer and an annual

certificate from the statutory auditor (for details refer para A II for General

Instructions). While details of the underlying have to be recorded at the time of

booking the contract, in the view of logistic issues, a maximum period of five

working days may be allowed for production of the underlying documents and the

facility of cancellation and rebooking may not be permitted during this period. In

the event of non-submission of underlying documents by the customer within five

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working days, the contract may be cancelled, and the exchange gain, if any may

not be passed on. Further, booking of forward contracts in future may be permitted

only against production of the underlying documents, at the time of booking the

contract.

The products available under this facility are as follows: Product - i) Forward Foreign Exchange Contracts

Participants Market-makers - AD Category-I banks

Users - Persons resident in India

Purpose

• To hedge exchange rate risk in respect of transactions for which sale and /or

purchase of foreign exchange is permitted under the FEMA 1999, or in terms

of the rules/ regulations/directions/orders made or issued there under.

• To hedge exchange rate risk in respect of the market value of overseas direct

investments (in equity and loan).

o Contracts covering overseas direct investment (ODI) can be cancelled

or rolled over on due dates. However, AD Category I banks may

permit rebooking only to the extent of 50 per cent of the cancelled

contracts.

o If a hedge becomes naked in part or full owing to shrinking of the

market value of the ODI, the hedge may be allowed to continue until

maturity, if the customer so desires. Rollovers on due date shall be

permitted up to the extent of the market value as on that date.

• To hedge exchange rate risk of transactions denominated in foreign currency

but settled in INR, including hedging the economic (currency indexed)

exposure of importers in respect of customs duty payable on imports.

o Forward foreign exchange contracts covering such transactions will be

settled in cash on maturity.

o These contracts once cancelled, are not eligible to be rebooked.

o In the event of any change in the rate(s) of customs duties, due to

Government notifications subsequent to the date of the forward

contracts, importers may be allowed to cancel and/or rebook the

contracts before maturity.

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Operational Guidelines, Terms and Conditions

General principles to be observed for forward foreign exchange contracts.

a) The maturity of the hedge should not exceed the maturity of the underlying

transaction. The currency of hedge and tenor, subject to the above

restrictions, are left to the customer.

b) Where the exact amount of the underlying transaction is not ascertainable,

the contract is booked on the basis of a reasonable estimate.

c) Foreign currency loans/bonds will be eligible for hedge only after final

approval is accorded by the Reserve Bank, where such approval is necessary

or Loan Registration Number is allotted by the Reserve Bank.

d) Global Depository Receipts (GDRs)/American Depository Receipts (ADRs)

will be eligible for hedge only after the issue price has been finalized.

e) Balances in the Exchange Earner's Foreign Currency (EEFC) accounts sold

forward by the account holders shall remain earmarked for delivery and such

contracts shall not be cancelled. They are, however, eligible for rollover, on

maturity.

f) All non-INR forward contracts can be rebooked on cancellation subject to

condition (h) below. Forward contracts, involving the Rupee as one of the

currencies, booked by residents to hedge current account transactions,

regardless of the tenor, and to hedge capital account transactions, falling due

within one year, may be allowed to be cancelled and rebooked subject to

condition (h) below. This relaxation of cancellation and rebooking will not be

available to forward contracts booked on past performance basis without

documents as also forward contracts booked to hedge transactions

denominated (or indexed) in foreign currency but settled in INR.

g) The facility of cancellation and rebooking is not permitted for forward

contracts, involving the Rupee as one of the currencies, booked by residents

to hedge capital account transactions for tenor greater than one year. These

forward contract(s) if cancelled with one AD Category-I bank can be

rebooked with another AD Category-I bank, subject to the following

conditions:

(i) the switch is warranted by competitive rates on offer,

termination of banking relationship with the AD Category-I bank

with whom the contract was originally booked;

(ii) the cancellation and rebooking are done simultaneously on the

maturity date of the contract; and

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(iii) the responsibility of ensuring that the original contract has been

cancelled rests with the AD Category-I bank who undertakes

rebooking of the contract.

h) The facility of cancellation and rebooking should not be permitted unless the

corporate has submitted the exposure information as prescribed in Annex I B.

i) Substitution of contracts for hedging trade transactions may be permitted by

an AD Category- I bank on being satisfied with the circumstances under

which such substitution has become necessary.

Product - ii) Cross Currency Options (not involving Rupee) Participants

Market-makers - AD Category-I banks as approved for this purpose by the

Reserve Bank

Users – Persons resident in India

Purpose –

• To hedge exchange rate risk arising out of trade transactions.

• To hedge the contingent foreign exchange exposure arising out of submission

of a tender bid in foreign exchange.

Operational Guidelines, Terms and Conditions a) AD Category-I banks can only offer plain vanilla European options2.

b) Customers can buy call or put options.

c) These transactions may be freely booked and/ or cancelled subject to

verification of the underlying.

d) All guidelines applicable for cross currency forward contracts are applicable to

cross currency option contracts also.

e) Cross currency options should be written by AD Category I banks on a fully

covered back-to-back basis. The cover transaction may be undertaken with a

bank outside India, an Off-shore Banking Unit situated in a Special Economic

Zone or an internationally recognized option exchange or another AD

Category - I bank in India. AD Category - I banks desirous of writing options,

should obtain a one-time approval from the Chief General Manager, Reserve

Bank of India, Foreign Exchange Department, Forex Markets Division,

Central Office, Amar Building 5th Floor, Mumbai, 400001, before undertaking

the business.

2 A European option may be exercised only at the expiry date of the option, i.e. at a single pre-

defined point in time.

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Product - iii) Foreign Currency - INR Options Participants Market-makers - AD Category-I banks, as approved for this purpose by the Reserve

Bank.

Users – Persons resident in India

Purpose-

• To hedge foreign currency exposures in accordance with Schedule I of

Notification No. FEMA 25/2000-RB dated May 3, 2000, as amended from

time to time.

• To hedge the contingent foreign exchange exposure arising out of

submission of a tender bid in foreign exchange.

Operational Guidelines, Terms and Conditions a) AD Category-I banks having a minimum CRAR of 9 per cent, can offer foreign

currency – rupee options on a back-to-back basis.

b) For the present, AD category I banks can offer only plain vanilla European

options

c) Customers can buy call or put options.

d) All guidelines applicable for foreign currency rupee forward foreign exchange

contracts are applicable to foreign currency-rupee option contracts also.

e) AD Category I banks having adequate internal control, risk

monitoring/management systems, mark to market mechanism are permitted to run

a foreign currency–rupee options book subject to prior approval from the Reserve

Bank subject to the following conditions. AD Category-I banks desirous of running

a foreign currency-rupee options book and fulfilling minimum eligibility criteria

listed below, may apply to the Reserve Bank with copies of approval from the

competent authority (Board/ Risk Committee/ ALCO), detailed memorandum in

this regard, specific approval of the Board for the type of option writing and

permissible limits. The memorandum put up to the Board should clearly mention

the downside risks, among other matters.

Minimum Eligibility Criteria

(i) Minimum net worth not less than Rs 300 crore

(ii) Minimum CRAR of 10 per cent

(iii) Net NPAs at reasonable levels (not more than 3 per cent of net advances)

(iv) Continuous profitability for at least three years

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The Reserve Bank will consider the application and accord a one time approval at

its discretion. AD Category I banks are expected to manage the option portfolio

within the risk management limits already approved by the Reserve Bank.

f) AD banks may quote the option premium in Rupees or as a percentage of the

Rupee/foreign currency notional.

g) Option contracts may be settled on maturity either by delivery on spot basis or by

net cash settlement in Rupees on spot basis as specified in the contract. In case of

unwinding of a transaction prior to maturity, the contract may be cash settled based

on the market value of an identical offsetting option.

h) Market makers are allowed to hedge the ‘Delta’ of their option portfolio by

accessing the spot markets. Other ‘Greeks’ may be hedged by entering into option

transactions in the inter-bank market.

i) The ‘Delta’ of the option contract would form part of the overnight open position.

j) The ‘Delta’ equivalent as at the end of each maturity shall be taken into account for

the purpose of AGL. The residual maturity (life) of each outstanding option contract

can be taken as the basis for the purpose of grouping under various maturity

buckets.

k) AD banks running an option book are permitted to initiate plain vanilla cross

currency option positions to cover risks arising out of market making in foreign

currency-rupee options. l) Banks should put in place necessary systems for marking to market the portfolio on

a daily basis. FEDAI will publish daily a matrix of polled implied volatility estimates,

which market participants can use for marking to market their portfolio.

m) The accounting framework for option contracts will be as per FEDAI circular

No.SPL-24/FC-Rupee Options/2003 dated May 29, 2003.

Product - iv) Foreign Currency-INR Swaps

Participants Market-makers – AD Category-I banks in India.

Users – i) Residents having a foreign currency liability and undertaking a Fcy-INR

swap to move from a foreign currency liability to a Rupee liability.

ii) Incorporated resident entities having a rupee liability and undertaking a

INR -Fcy swap to move from rupee liability to a foreign currency liability are

eligible subject to certain minimum prudential requirements such as risk

management systems and natural hedges. In the absence of natural hedges, 8

the INR-Fcy swap (to move from rupee liability to a foreign currency liability)

may be restricted to listed companies or unlisted companies with a minimum

net worth of Rs 200 crore. Further, the AD Category I bank is required to

examine the suitability and appropriateness of the swap and be satisfied

about the financial soundness of the corporate.

Purpose –

• To hedge exchange rate and/or interest rate risk exposure for those having

long-term foreign currency borrowing or to transform long-term INR borrowing

into foreign exchange liability.

Operational Guidelines, Terms and Conditions a) No swap transactions involving upfront payment of Rupees or its equivalent in

any form shall be undertaken.

b) The term “long-term exposure” means exposures with residual maturity of one

year or more.

c) Swap transactions may be undertaken by AD Category-I banks as intermediaries

by matching the requirements of corporate counterparties. While no limits are placed

on the AD Category-I banks for undertaking swaps to facilitate customers to hedge

their foreign exchange exposures, a limit of USD 50 million is placed for net supply of

foreign exchange in the market on account of swaps which facilitate customers to

assume foreign exchange liability. . Positions arising out of cancellation of foreign

currency-rupee swaps by customers need not be reckoned within this cap.

d) With reference to the specified limits for swap transactions facilitating customers

to assume a foreign exchange liability, the limit will be reinstated on account of

cancellation/ maturity of the swap and on amortization, up to the amounts amortized.

e) The above transactions, once cancelled, shall not be rebooked or re-entered, by

whichever mechanism or by whatever name called.

f) AD Category-I banks should not offer leveraged swap structures.Typically, in

leveraged swap structures, a multiplicative factor other than unity is attached to the

benchmark rate(s), which alters the payables or receivables vis-à-vis the situation in

the absence of such a factor.

g) The notional principal amount of the swap should not exceed the outstanding

amount of the underlying loan.

h) The maturity of the swap should not exceed the unexpired maturity of the

underlying loan.

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Product: (v) Cost Reduction Structures i.e. cross currency option cost reduction

structures and foreign currency –rupee option cost reduction structures.

Participants Market-makers - AD Category-I banks

Users – Listed companies or unlisted companies with a minimum networth of Rs.

200 crore, which comply with the following:

• Adoption of Accounting Standards 30 and 32.

• Having a risk management policy and a specific clause in the policy that allows using the types of cost reduction structures.

Purpose- -

• To hedge exchange rate risk arising out of trade transactions.

Operational Guidelines, Terms and Conditions a) Writing of options by the users, on a stand alone basis is not permitted.

b) Users can enter into option strategies of simultaneous buy and sell of plain vanilla European options, provided there is no net receipt of premium.

c) Digital options and leveraged structures are not permitted.

d) The portion of the structure with the largest notional, computed over the tenor of the structure, should be reckoned for the purpose of underlying.

e) The delta of the options should be explicitly indicated in the term sheet.

f) AD Category I banks may, stipulate additional safeguards, such as minimum net worth, continuous profitability, etc depending on the scale of forex operations and risk profile of the users.

g) Cost reduction structures should be restricted to the currency of invoice. The maturity of the hedge should not exceed the maturity of the underlying transaction and subject to the same; users may choose the tenor of the hedge.

vi) Hedging of Borrowings in foreign exchange, which are in accordance with the

provisions of Foreign Exchange Management (Borrowing and Lending in Foreign

Exchange) Regulations, 2000

Products – Interest rate swap, Cross currency swap, Coupon swap, Cross currency

option, Interest rate cap or collar (purchases), Forward rate agreement

(FRA)

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Participants Market-makers –

o AD Category-I banks in India

o Branch outside India of an Indian bank authorized to deal in foreign

exchange in India

o Offshore banking unit in a SEZ in India.

Users –

o Persons resident in India who have borrowed foreign exchange in

accordance with the provisions of Foreign Exchange Management

(Borrowing and Lending in Foreign Exchange) Regulations, 2000

Purpose –

• For hedging interest rate risk and currency risk on loan exposure and

unwinding from such hedges


a) The products, as detailed above should not involve the rupee under any

circumstances.

b) Final approval has been accorded or Loan Registration Number allotted by

the Reserve Bank for borrowing in foreign currency.

c) The notional principal amount of the product should not exceed the

outstanding amount of the foreign currency loan.

d) The maturity of the product should not exceed the unexpired maturity of the

underlying loan.

e) The contracts may be cancelled and rebooked freely.

2) Probable exposures based on past performanceParticipants

Market-makers – AD Category-I banks in India.

Users – Importers and exporters of goods and services

Purpose

• To hedge currency risk on the basis of a declaration of an exposure and

based on past performance up to the average of the previous three financial

years’ (April to March) actual import/export turnover or the previous year’s

actual import/export turnover, whichever is higher. Probable exposure based

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on past performance can be hedged only in respect of trades in merchandise

goods as well as services. Products

Forward foreign exchange contracts, cross currency options (not involving

the rupee) and foreign currency-rupee options Operational Guidelines, Terms and Conditions

a) The contracts booked in aggregate, during the current financial year (April-

March) and outstanding at any point of time should not exceed the eligible limit

i.e. the average of the previous three financial years’ actual import/export

turnover or the previous year’s actual import/export turnover, whichever is higher.

b) Contracts booked in excess of 75 per cent of the eligible limit will be on

deliverable basis and cannot be cancelled.

c) These limits shall be computed separately for import/export transactions.

d) Higher limits will be permitted on a case-by-case basis on application to the

Foreign Exchange Department, Central Office, Reserve Bank of India. The

additional limits, if sanctioned, shall be on a deliverable basis.

e) Any contract booked without producing documentary evidence will be marked

off against this limit. These contracts once cancelled, are not eligible to be

rebooked.

f) AD banks should permit their clients to use the past performance facility only after satisfying themselves that the following conditions are complied with:

i. An undertaking may be taken from the customer that supporting

documentary evidence will be produced before the maturity of all

the contracts booked.

ii. Importers and exporters should furnish a quarterly declaration to

the AD Category-I banks regarding amounts booked with other AD Category-I banks under this facility, as per Annex I N. The

declaration may be validated with the information shared by banks

under the consortium and multiple banking arrangements, vide

circular DBOD.No. BP. BC. 94/ 08.12.001/ 2008-09 dated

December 8, 2008. iii. For an exporter customer to be eligible for this facility, the

aggregate of overdue bills shall not exceed 10 per cent of the

turnover.

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iv. Aggregate outstanding contracts in excess of 50 per cent of the

eligible limit may be permitted by the AD bank on being satisfied

about the genuine requirements of their customers after

examination of the following documents:

A certificate from the Statutory Auditor of the customer that all

guidelines have been adhered to while utilizing this facility.

A certificate of import/export turnover of the customer during

the past three years duly certified by their Statutory Auditor in the

format given in Annex I L.

g) The past performance limits once utilised are not be reinstated either on

cancellation or on maturity of the contracts.

h) AD Category–I banks must arrive at the past performance limits at the

beginning of every financial year. The drawing up of the audited figures (previous

year) may require some time at the commencement of the financial year.

However, if the statements are not submitted within three months from the last

date of the financial year, the facility should not be provided until submission of

audited figures.

i) AD Category-I banks must institute appropriate systems for validating the

past performance limits at pre-deal stage. In addition to the customer

declarations, AD Category-I banks should also assess the past transactions with

the customers, turnover etc.

j) AD Category I banks are required to submit a monthly report (as on the last

Friday of every month) on the limits granted and utilised by their constituents

under this facility as prescribed in Annex I J.

3) Special Dispensation

i) Small and Medium Enterprises (SMEs) Participants

Market-makers – AD Category-I.

Users – Small and Medium Enterprises (SMEs) 3

Purpose To hedge direct and / or indirect exposures of SMEs to foreign exchange risk

3 SME as defined by the Rural Planning and Credit Department, Reserve Bank of India vide circular

RPCD.PLNS. BC.No.63/06.02.31/2006-07 dated April 4, 2007.

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Product Forward foreign exchange contracts

Operational Guidelines: Small and Medium Enterprises (SMEs) having direct and /

or indirect exposures to foreign exchange risk are permitted to book / cancel / rebook

/ roll over forward contracts without production of underlying documents to manage

their exposures effectively, subject to the following conditions:

a) Such contracts may be booked through AD Category – I banks with whom the

SMEs have credit facilities and the total forward contracts booked should be in

alignment with the credit facilities availed by them for their foreign exchange

requirements or their working capital requirements or capital expenditure.

b) AD Category – I bank should carry out due diligence regarding “user

appropriateness” and “suitability” of the forward contracts to the SME customers

as per Para 8.3 of 'Comprehensive Guidelines on Derivatives' issued vide

DBOD.No.BP.BC. 86/21.04.157/2006-07 dated April 20, 2007.

c) The SMEs availing this facility should furnish a declaration to the AD

Category – I bank regarding the amounts of forward contracts already booked, if

any, with other AD Category – I banks under this facility.

ii) Resident Individuals

Participants

Market-makers – AD Category-I banks

Users: Resident Individuals Purpose: To hedge their foreign exchange exposures arising out of actual or

anticipated remittances, both inward and outward, can book forward contracts,

without production of underlying documents, up to a limit of USD 100,000, based on

self declaration.

Product

Forward foreign exchange contracts.


a) The contracts booked under this facility would normally be on a

deliverable basis. However, in case of mismatches in cash flows or other

exigencies, the contracts booked under this facility may be allowed to be

cancelled and re-booked. The notional value of the outstanding contracts

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should not exceed USD 100,000 at any time.

b) The contracts may be permitted to be booked up to tenors of one year

only.

c) Such contracts may be booked through AD Category I banks with whom

the resident individual has banking relationship, on the basis of an

application-cum-declaration in the format given in Annex I G. The AD

Category – I banks should satisfy themselves that the resident individuals

understand the nature of risk inherent in booking of forward contracts and

should carry out due diligence regarding “user appropriateness” and

“suitability” of the forward contracts to such customer.

A II. General Instructions for all forex derivative contracts entered by Residents in India While the guidelines indicated above govern specific foreign exchange derivatives,

certain general principles and safeguards for prudential considerations that are

applicable across the OTC foreign exchange derivatives, are detailed below. In

addition to the guidelines under the specific foreign exchange derivative product, the

general instructions should be followed scrupulously by the users (residents in India

other than AD Category I banks) and the market makers (AD Category I banks).

a) In case of all forex derivative transactions [except INR-Fcy swaps i.e. moving from

INR liability to Fcy liability as in para AI(1)(iv)] undertaken, AD banks must take a

declaration from the clients that the exposure is unhedged and has not been hedged

with another AD Category I bank. The corporates should provide an annual certificate

to the AD Category I bank certifying that the derivative transactions are authorized

and that the Board (or the equivalent forum in case of partnership or proprietary

firms) is aware of the same.

b) In the case of contracted exposure, AD Category I banks must obtain:

i) An undertaking from the customer that the same underlying exposure has not

been covered with any other AD Category I bank/s. Where hedging of the same

exposure is undertaken in parts, with more than one AD Category I bank, the

details of amounts already booked with other AD Category I bank/s should be

clearly indicated in the declaration.

ii) An annual certificate from the statutory auditors of the users, that the

contracts outstanding at any point of time during the year did not exceed the

value of the underlying exposures.

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c) Derived foreign exchange exposures are not permitted to be hedged.

d) In any derivative contract, the notional amount should not exceed the actual

underlying exposure at any point in time. Similarly, the tenor of the derivative

products should not exceed the tenor of the underlying exposure. The notional

amount for the entire transaction over its complete tenor must be calculated and

the underlying exposure being hedged must be commensurate with the notional

amount of the derivative contract.

e) Only one hedge transaction can be booked against a particular exposure/ part

thereof for a given time period.

f) The term sheet for the derivative transactions (except forward contracts) should

also necessarily and clearly mention the following:

o the purpose for the transaction detailing how the product and each of

its components help the client in hedging

o the spot rate prevailing at the time of executing the transaction.

o Quantified maximum loss/ worst downside in various scenarios.

g) AD Category I banks can offer only those products that they can price

independently. This is also applicable to the products offered on back to back

basis.The pricing of all forex derivative products should be locally demonstrable

at all times.

h) The market-makers should carry out proper due diligence regarding ‘user

appropriateness’ and ‘suitability’ of products before offering derivative products to

users as detailed in DBOD.No.BP.BC. 86/21.04.157/2006-07 dated April 20,

2007.

i) AD Category I may share with the user the various scenario analysis encompassing both the possible upside as well as the downsides and sensitivity analysis identifying the various market parameters that affect the product.

j) The provisions of comprehensive guidelines on Derivatives issued vide

DBOD.No.BP.BC. 86/21.04.157/2006-07 dated April 20, 2007 are also applicable to

forex derivatives.

h) Sharing of information on derivatives between banks is mandatory and as detailed

vide circular DBOD.No.BP.BC.94/08.12.001/2008-09 dated December 8, 2008.

B) Facilities for Persons Resident Outside India For persons resident outside India, only capital account transactions as enumerated

hereunder, subject to verification of underlying exposure, are permitted to be hedged.

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Transactions arising out of trade in merchandise goods as well as services with

residents are not permitted to be hedged.

Participants

• Market-makers – In respect of FIIs, designated branches of AD Category-I

banks maintaining accounts of FIIs. In all other cases, AD Category-I banks.

• Users – Foreign Institutional Investors (FII), Investors having Foreign Direct

Investments (FDI) and Non Resident Indians (NRIs).

The purpose, products and operational guidelines of each of the users is detailed below:

i) FII related Purpose

To hedge currency risk on the market value of entire investment in equity

and/or debt in India as on a particular date.

Products

• Forward foreign exchange contracts with rupee as one of the currencies, and

foreign currency-rupee options


a. The eligibility for cover may be determined on the basis of the declaration

of the FII.

b. AD Category-I banks may undertake periodic reviews, at least at quarterly intervals, on the basis of market price movements, fresh

inflows, amounts repatriated and other relevant parameters to ensure that

the forward cover outstanding is supported by underlying exposures.

c. If a hedge becomes naked in part or in full owing to shrinkage of the

market value of the portfolio, for reasons other than sale of securities, the

hedge may be allowed to continue till the original maturity, if so desired.

d. The contracts, once cancelled cannot be rebooked except to the extent of

2 per cent of the market value of the portfolio as at the beginning of the

financial year. The contracts may, however, be rolled over on or before

maturity.

e. The cost of hedge should be met out of repatriable funds and /or inward

remittance through normal banking channel.

f. All outward remittances incidental to the hedge are net of applicable

taxes.

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ii) FDI related Purpose

• To hedge exchange rate risk on the market value of investments made in

India since January 1, 1993, subject to verification of the exposure in India

• To hedge exchange rate risk on dividend receivable on the investments in

Indian companies

• To hedge exchange rate risk on proposed investment in India

Products

• Forward foreign exchange contracts with rupee as one of the

currencies and foreign currency-rupee options.


a. In respect of contracts to hedge exchange rate risk on the market value of

investments made in India, contracts once cancelled are not eligible to be

rebooked. The contracts may, however, be rolled over.

b. In respect of proposed foreign direct investments, following conditions

would apply:

(i) Contracts to hedge exchange rate risks arising out of proposed

investment in Indian companies may be allowed to be booked

only after ensuring that the overseas entities have completed all

the necessary formalities and obtained necessary approvals

(wherever applicable) for the investment.

(ii) The tenor of the contracts should not exceed six months at a time

beyond which permission of the Reserve Bank would be required

to continue with the contract.

(iii) These contracts, if cancelled, shall not be eligible to be rebooked

for the same inflows.

(iv) Exchange gains, if any, on cancellation shall not be passed on to

the overseas investor.

iii) NRI related

Purpose • To hedge the exchange rate risk on the market value of investment made

under the portfolio scheme in accordance with provisions of FERA, 1973 or

under notifications issued there under or in accordance with provisions of

18

FEMA, 1999.

• To hedge the exchange rate risk on the amount of dividend due on shares

held in Indian companies

• To hedge the exchange rate risk on the amounts held in FCNR (B) deposits.

• To hedge the exchange rate risk on balances held in NRE account.

Products

• For purposes as indicated above: Forward foreign exchange contracts

with rupee as one of the currencies, and foreign currency-rupee options.

• Additionally, for balances in FCNR (B) accounts –Cross currency (not

involving the rupee) forward contracts to convert the balances in one

foreign currency to other foreign currencies in which FCNR (B) deposits

are permitted to be maintained.

Operational Guidelines, Terms and Conditions The operational guidelines as outlined for FIIs would be applicable, with the

exception of the provision relating to rebooking of cancelled contracts. All foreign

exchange derivative contracts permissible for a resident outside India other than a

FII, once cancelled, are not eligible to be rebooked.

C) Facilities for Authorised Dealers Category – I i) Management of Assets and Liabilities

Users – AD Category-I banks

Purpose - Hedging of interest rate and currency risks of foreign exchange asset-

liability portfolio

Products - Interest Rate Swap, Interest Rate Cap/Collar, Currency Swap, Forward

Rate Agreement. AD banks may also purchase call or put options to hedge their

cross currency proprietary trading positions.

Operational Guidelines, Terms and Conditions The use of these instruments is subject to the following conditions:

a. An appropriate policy in this regard is approved by the Top Management.

b. The value and maturity of the hedge should not exceed those of the 19

underlying.

c. No ‘stand alone’ transactions can be initiated. If a hedge becomes naked,

in part or full, owing to the shrinking of the value of portfolio, it may be

allowed to continue till the original maturity and should be marked to

market at regular intervals.

d. The net cash flows arising out of these transactions are booked as

income/ expenditure and reckoned toward foreign exchange position,

wherever applicable.

ii) Hedging of Gold Price Risk

Users – (a) Banks authorised by the Reserve Bank to operate the Gold Deposit

Scheme

(b) Banks, which are allowed to enter into forward gold contracts in India in terms of

the guidelines issued by the Department of Banking Operations and Development

(including the positions arising out of inter-bank gold deals).

Purpose – To hedge price risk of gold.

Products - Exchange-traded and over-the-counter hedging products available

overseas.


a. While using products involving options, it may be ensured that there is no

net receipt of premium, either direct or implied.

b. Authorised banks are permitted to enter into forward contracts with their

constituents (exporters of gold products, jewellery manufacturers, trading

houses, etc.) in respect of the underlying sale, purchase and loan

transactions in gold with them, subject to the conditions specified by the

Reserve Bank in this regard. The tenor of such contracts should not

exceed six months.

iii) Hedging of currency risk on capital Users – Foreign banks operating in India

Product – Forward foreign exchange contracts

20

Operational Guidelines, Terms and Conditions a) Tier I capital

• the capital funds should be available in India to meet local regulatory and

CRAR requirements and, hence, these should not be parked in nostro

accounts. Foreign currency funds accruing out of hedging should not be

parked in Nostro accounts but should remain swapped with banks in India

at all times.

• the forward contracts should be for tenors of one or more years and

may be rolled over on maturity. Rebooking of cancelled hedges will

require prior approval of the Reserve Bank.

b) Tier II capital

• Foreign banks are permitted to hedge their Tier II capital in the form of

Head Office borrowing as subordinated debt, by keeping it swapped into

rupees at all times in terms of DBOD circular

No.IBS.BC.65/23.10.015/2001-02 dated February 14, 2002.

• Banks are not permitted to enter into foreign currency-rupee swap

transactions involving conversion of fixed rate rupee liabilities in respect of

Innovative Tier I/Tier II bonds into floating rate foreign currency liabilities.

D) Commodity Hedging

Residents in India, engaged in import and export trade or as otherwise approved by

the Reserve Bank from time to time, are permitted to hedge the price risk of

permitted commodities in the international commodity exchanges/ markets. This

facility must not be used in conjunction with any other derivative product. It may be

noted that the role of Authorized Dealer banks here is primarily to provide facilities for

remitting foreign currency amounts towards margin requirements from time to time,

subject to verification of the underlying exposure. In lieu of making a direct remittance

towards payment obligations arising out of commodity derivative transactions entered

into by customers with overseas counterparties, AD Category-I banks may issue

guarantees/standby letters of credit to cover these specific payment obligations

related to commodity derivatives, subject to the conditions/guidelines in Annex I M. It

is clarified that the term Board, wherever used refers to Board of Directors or the

equivalent forum in case of partnership or proprietary firms. The facility is divided into

following categories:

21

I) Delegated Route a. Hedging of price risk on actual Import/Export of commodities Participants

• Users: Companies in India listed on a recognized stock exchange engaged

in import and export of commodities

• Facilitators: AD Category-I banks specifically authorized by Reserve Bank in

this regard.

Purpose: To hedge price risk of the imported/exported commodity

Products: • Standard exchange traded futures and options (purchases only) in

international commodity exchanges. If risk profile warrants –may use OTC

contracts overseas.

Operational Guidelines AD Category-I banks satisfying certain minimum norms, and authorized by

the Reserve Bank may grant permission to companies listed on a recognized stock exchange to hedge price risk on import/ export in respect

of any commodity (except gold, silver, platinum) in the international

commodity exchanges/ markets. The guidelines are given in Annex I H

(a & b).

b. Hedging of anticipated imports of crude oil Participants

• Users: Domestic companies engaged in refining crude oil.


this regard.

Purpose: To hedge the price risk on crude oil imports on the basis of past

performance.

Products:

• Standard exchange traded futures and options (purchases only) in

international commodity exchanges.

If risk profile warrants – may use OTC contracts overseas.

Operational Guidelines:

• Hedging to be permitted up to 50 per cent of the volume of actual imports

during the previous year or 50 per cent of the average volume of imports

22

during the previous three financial years, whichever is higher.

• Contracts booked under this facility will have to be regularized by

production of supporting import orders during the currency of the hedge.

An undertaking may be obtained from the companies to this effect.

• All other conditions and guidelines as per Annex I H should be complied

with.

c. Hedging of price risk on domestic purchase and sales

(i) Select Metals Participants

• Users: Domestic producers/ users of aluminium, copper, lead, nickel and

zinc listed on a recognized stock exchange.

• Facilitators: AD Category-I banks specifically authorized by the Reserve

Bank in this regard

Purpose: To hedge the price risk on aluminium, copper, lead, nickel and zinc

based on their underlying economic exposures

Products: Standard exchange traded futures and options (purchases only) in

international commodity exchanges Operational Guidelines:

• Hedging may be permitted up to the average of previous three financial

years’ (April to March) actual purchases / sales or the previous year’s

actual purchases / sales turnover, whichever is higher, of the above

commodities.

• AD Category I banks would require the user to submit a Board resolution

certifying Board approved policies which define the overall framework

within which derivatives activities should be conducted and the risks

controlled.

• All other conditions and guidelines as per Annex I H (a & b) should be

complied with.

23

(ii) ATF (Aviation Turbine Fuel) Participants

• Users: Actual domestic users of ATF.


this regard.

Purpose: To hedge economic exposures in respect of ATF based on domestic

purchases.

Products:


international commodity exchanges.

• If risk profile warrants – may use OTC contracts overseas.


• AD Category-I banks should ensure that permission for hedging ATF

is granted only against firm orders.

• AD Category-I banks should retain necessary documentary evidence.

• AD Category I banks would require the user to submit a Board

resolution certifying Board approved policies which define the overall

framework within which derivatives activities should be conducted and

the risks controlled.

• All other conditions and guidelines as per Annex I H (a & b) should be

complied with.

Note: AD Category-I banks may approach Reserve Bank for permission on

behalf of customers not covered under provisions of hedging economic

exposures mentioned at (i) and (ii) above.

(iii) Domestic purchases of crude oil and sales of petro-products

Participants

o Users: Domestic crude oil refining companies.

o Facilitators: AD Category-I banks specifically authorized by the

Reserve Bank in this regard.

24

Purpose: To hedge commodity price risk on domestic purchases of crude oil and

domestic sales of petroleum products, which are linked to international prices.

Products:


international commodity exchanges. If risk profile warrants – may use OTC contracts overseas.


• The hedging will be allowed strictly on the basis of underlying

contracts.

• AD Category-I banks should retain necessary documentary evidence.

• All other conditions and guidelines as per Annex I H should be

complied with.

d. Hedging of price risk on Inventory Participants

• Users: Domestic oil marketing and refining companies.


this regard.

Purpose: To hedge commodity price risk on Inventory.

Products: Over-the-counter (OTC) / exchange traded derivatives overseas with

tenor restricted to a maximum of one-year forward. Operational Guidelines:

• Hedge is allowed to the extent of 50 per cent of their inventory based

on the volumes in the quarter proceeding the previous quarter.

• All other conditions and guidelines as per Annex I H should be

complied with.

II) Approval Route Participants

• Users: Residents in India, other than companies listed on recognized stock

exchanges, engaged in import and export of commodities or customers who

are exposed to systemic international price risk,

• Facilitators: AD Category-I banks

25



international commodity exchanges


Operational Guidelines: Applications of companies/ firms which are not covered by the delegated authority of

AD Category-I may be forwarded to Reserve Bank for consideration through the

International Banking Division of an AD Category-I bank concerned along with the

latter’s specific recommendations. The details of the application are detailed in

Annex-I.I,

III) Entities in Special Economic Zones (SEZ) Participants

• Users: Entities in Special Economic Zones (SEZ)

• Facilitators: AD Category-I banks



international commodity exchanges


Operational Guidelines AD banks may allow entities in the Special Economic Zones (SEZ) to undertake

hedging transactions in the overseas commodity exchanges/markets to hedge their

commodity prices on export/import, subject to the condition that such contract is

entered into on a stand-alone basis.

Note: The term ''standalone'' means the unit in SEZ is completely isolated from

financial contacts with its parent or subsidiary in the mainland or within the SEZs as

far as its import/export transactions are concerned.

NOTE: The detailed guidelines in respect of Delegated Route and Approval Route are given in the Annex I-H and I-I respectively.

26

E. Freight Hedging Domestic oil refining companies and shipping companies exposed to freight risk, are

permitted to hedge their freight risk by the A.D. Category I banks authorized by the

Reserve Bank. . Other companies exposed to freight risk can seek prior permission

from the Reserve Bank through their AD Category I bank.

It may be noted that the role of Authorized Dealer banks here is primarily to provide

facilities for remitting foreign currency amounts towards margin requirements from

time to time, subject to verification of the underlying exposure.. This facility must not

be used in conjunction with any other derivative product. The facility is divided into

following categories:

I) Delegated Route Users: Domestic oil-refining companies and shipping companies.

Facilitators: AD Category- I banks, specifically authorized by Reserve Bank i.e.

those who have been delegated the authority to grant permission to listed companies

to hedge commodity price risk in the international commodity exchanges / markets,

subject to the conditions mentioned therein.

Purpose: To hedge freight risk. Products:

Plain vanilla Over the Counter (OTC) or exchange traded products in the

international market / exchange. The maximum tenor permissible will be

one year forward. The exchanges on which the products are purchased

must be a regulated entity in the host country.

Operational Guidelines

• AD Category– I banks should ensure that the entities hedging their freight

exposures have Board Resolutions which certify that the Board approved

Risk Management policies, defines the overall framework within which

derivative transactions should be undertaken and the risks contained therein.

• AD Category - I banks should approve this facility only after ensuring that the

sanction of the company's Board has been obtained for the specific activity

27

and also for dealing in overseas exchanges / markets. The Board approval

must include explicitly the authority/ies permitted to undertake the

transactions, the mark-to-market policy, the counterparties permitted for OTC

derivatives, etc. and a list of transactions undertaken should be put up to the

Board on a half-yearly basis.

• The AD Category - I bank must obtain a copy of a Board resolution that

certifies that the corporate has a Risk Management Policy, incorporating the

above details at the time of permitting the transaction itself and as and when

changes made therein.

• The underlying exposure for the users is detailed under (a) and (b) below:

(a) For Domestic oil refining companies:

i) The freight hedging will be on the basis of underlying contracts i.e.,

import/export orders for crude oil/petroleum products.

ii) Additionally, domestic oil refining companies may hedge their freight risk

on anticipated imports of crude oil on the basis of their past performance

up to 50 per cent of the volume of actual imports of crude oil during the

previous year or 50 per cent of the average volume of imports during the

previous three financial years, whichever is higher.

iii) Contracts booked under the past performance facility will have to be

regularized by production of underlying documents during the currency of

the hedge. An undertaking may be obtained from the company to this

effect.

(b) For shipping companies :-

(i) The hedging will be on the basis of owned / controlled ships of the shipping

company which have no committed employment. The quantum of hedge will

be determined by the number and capacity of these ships. The same may be

certified by the statutory auditor and submitted to the AD Category - I bank.

(ii) Contracts booked will have to be regularized by production of underlying

documents i.e. employment of the ship during the currency of the hedge. An

undertaking may be obtained from the company to this effect.

28

(iii) AD Category - I banks may also ensure that the freight derivatives being

entered into by the shipping companies are reflective of the underlying

business of the shipping companies.

II) Approval Route Participants

• Users: Companies (other than domestic oil-refining companies and shipping

companies) who are exposed to freight risk

• Facilitators: Select AD Category- I banks, that have been delegated the

authority to grant permission to listed companies to hedge commodity price

risk in the international commodity exchanges / markets, subject to the

conditions mentioned therein.

Purpose: To hedge freight risk

Products:

• Plain vanilla Over the Counter (OTC) or exchange traded products in the

international market / exchange. The maximum tenor permissible will be one

year forward. The exchanges on which the products are purchased must be a

regulated entity in the host country.

Operational Guidelines

• Applications of companies/ firms which are not covered by the delegated

authority of AD Category-I may be forwarded to Reserve Bank for

consideration through the International Banking Division of their AD Category-

I bank concerned along with the latter’s specific recommendations.

F) Reports to the Reserve Bank

i) Authorised Dealers Category-I should consolidate the data on cross currency

derivative transactions undertaken by residents and submit half yearly reports (June

and December) as per the format indicated in the Annex I A.

ii) Authorised Dealers Category-I should forward details of all swap transactions on

a weekly basis in the format given in Annex I C.

iii) Authorised Dealers Category-I should forward details of option transactions (fcy-

inr) undertaken on a weekly basis as per the format indicated in Annex I D.

29

iv) A monthly statement should be furnished before the 10th of the succeeding

month, in respect of cover taken by FIIs, indicating the name of the FII / fund, the

eligible amount of cover, the actual cover taken, etc. as per the format in Annex I E.

v) AD Category – I banks are required to submit a quarterly report on the forward

contracts booked & cancelled by SMEs and Resident Individuals within the first week

of the following month, as per format given in Annex I F. In case of residents such

contracts may be booked through AD Category I banks with whom the resident

individual has banking relationship, on the basis of an application-cum-declaration in

the format given in Annex I G.

vi) AD Category - I banks are required to submit a monthly report (as on the last

Friday of every month) on the limits granted and utilized by their constituents under

the past performance facility in the format given in Annex I J.

All the above mentioned reports are to be sent to the Chief General Manager, Reserve Bank of India, Foreign Exchange Department, Central Office, Forex Markets Division, Amar Building, Mumbai - 400 001.

30

31

Annex I A

Cross- currency derivative transactions - statement for the half-year ended….

Product No. of transactions Notional principal amount in USD

Interest rate swaps

Currency swaps

Coupon swaps

Foreign currency option

Interest rate caps or collars (Purchases)

Forward rate agreement

Any other product as permitted by Reserve Bank from time to time

32

Annex I B

Information relating to exposures in foreign currency as on___________ Amount in USD million

TRADE RELATED

NON TRADE RELATED EXPOSURES – OUTSTANDING

Amount Hedged by the Corporate with banks as at Quarter ended

Trade Exposures outstanding at Quarter ended

Short Term Finance Outstanding

Forward Contracts (with rupee as one leg)

Foreign Currency / INR Options

Name of the Corporate

Exports* Imports** Trade Credit (Buyer's credit / supplier's credit)

ECB/FCCB/Others Purchase Sale Call Put

Currency Swaps (Fcy INR)

** To include LCs established/Bills under LCs to be retired/import bills outstanding The data has to be submitted by the corporates within one month of the end of the relevant quarter.

Annex I C

Weekly report of Long Term Foreign Currency Rupee Swaps for the week from ________ to ________

Name of the Authorized Dealer Category-I bank:-

Date of Transaction

Notional Principal- Currency

and Amount

USD equivalent

Customer Name

FC to INR/ INR to FC

Amount covered in the

market – Purchase/Sale

Last week’s balance

Current Balance

Annex I D

Rupee/Fcy Option transactions :

[For the week ended__________________]

I. Option Transaction Report

Sr. no

Trade date

Client/ C-party Name

Notional OptionCall/

Put

Strike Maturity Premium Purpose*

*Mention balance sheet, trading or client related.

II. Option Positions Report

Notional Outstanding Currency Pair

calls puts

Net Portfolio Delta

Net Portfolio Gamma

Net Portfolio Vega

USD-INR USD USD USD

EUR-INR EUR EUR EUR

JPY-INR JPY JPY JPY

(Similarly for other currency pairs)

Total Net Open Options Position (INR):

The total net open options position can be arrived using the methodology prescribed

in A.P. (DIR Series) Circular No. 92 dated April 4, 2003.

III. Change in Portfolio Delta Report

Change in USD-INR delta for a 0.25% change in spot ($-appreciation) in INR terms =

35

Change in USD-INR delta for a 0.25% change in spot ($-depreciation) in INR terms =

Similarly, Change in delta for a 0.25% change in spot (FCY appreciation & depreciation separately) in INR terms for other currency pairs, such as EUR-INR, JPY-INR etc.

IV. Strike Concentration Report

Maturity Buckets

Strike Price 1 week 2 weeks 1 month 2 months 3 months > 3 months

This report should be prepared for a range of 150 paise around current spot level.

Cumulative positions to be given.

All amounts in USD million. When the bank owns an option, the amount should be

shown as positive. When the bank has sold an option, the amount should be shown as

negative. All reports may be sent via e-mail by market-makers to

[email protected]. Reports may be prepared as of every Friday and sent by

the following Monday.

mailto:[email protected]

36

Annex I E

Statement – Details of Forward cover undertaken by FII clients Month – Part A – Details of forward cover (without rebooking) outstanding Name of FII Current Market Value (USD mio)

Forward Contracts Booked

Forward Contracts Cancelled

Eligibility for Forward cover During the

month Cumulative Total – Year to Date

During the month

Cumulative total – Year to date

Total forward cover outstanding

Part B – Details of transactions permitted to be cancelled and rebooked Name of FII Market Value as determined at start of year

Forward Contracts Booked

Forward Contracts Cancelled

Eligibility for Forward cover During the

month Cumulative Total – Year to Date

During the month

Cumulative total – Year to date

Total forward cover outstanding

Name of the AD Category – I bank: Signature of the Authorised official: Date : Stamp :

Annex I F

37

38

Annex I G

Application cum Declaration for booking of forward contracts up to USD 100,000 by Resident Individuals (To be completed by the applicant) I. Details of the applicant a. Name ………………………….. b. Address………………………… c. Account No…………………….. d. PAN No…………………………. II. Details of the foreign exchange forward contracts required 1. Amount (Specify currency pair) ……………………………… 2. Tenor …………………………………………………. III. Notional value of forward contracts outstanding as on date ………. IV. Details of actual / anticipated remittances 1. Amount : 2. Remittance Schedule : 3. Purpose : Declaration I, ………………. …………(Name of the applicant), hereby declare that the total amount of foreign exchange forward contracts booked with the --------------- (designated branch) of ------------------(bank) in India is within the limit of USD 100,000/- (US Dollar One lakh only) and certify that the forward contracts are meant for undertaking permitted current and / or capital account transactions. I also certify that I have not booked foreign exchange forward contracts with any other bank / branch. I have understood the risks inherent in booking of foreign exchange forward contracts. Signature of the applicant (Name) Place: Date: Certificate by the Authorised Dealer Category – I bank This is to certify that the customer …………(Name of the applicant) having PAN No.……. has been maintaining an account ……..(no.) with us since ……..* We certify that the customer meets the AML / KYC guidelines laid down by RBI and confirm having carried out requisite suitability and appropriateness test. Name and designation of the authorised official: Place: Signature: Date: Stamp and seal * month / year

39

Annex I H

a) Hedging of Commodity Price Risk in the International Commodity Exchanges/Markets 1. AD category-I banks, authorized by Reserve Bank, can grant permission to

companies listed on a recognized stock exchange to hedge the price risk in respect

of any commodity (except gold, platinum and silver) in the international commodity

exchanges/ markets. AD category-I banks satisfying the minimum norms as given

below and interested in extending this facility to their customers may forward the

application for approval, to the Chief General Manager, Reserve Bank of India,

Foreign Exchange Department, Central Office, Forex Markets Division, Amar

Building, 5th Floor, Fort, Mumbai – 400 001.

2. Minimum norms which are required to be satisfied by the A D Category-I banks:

i) Continuous profitability for at least three years

ii) Minimum CRAR of 9%

c) Net NPAs at reasonable level but not more than 4 per cent of net advances

d) Minimum net worth of Rs 300 crore.

A D Category-I banks may grant permission to corporates only after obtaining

approval from the Reserve Bank. Reserve Bank retains the right to withdraw the

permission granted to the bank, if considered necessary.

3. Before permitting corporates to undertake hedge transactions, authorized dealer

would require them to submit a Board resolution indicating (i) that the Board

understands the risks involved in these transactions, (ii) nature of hedge transactions

that the corporate would undertake during the ensuing year, and (iii) the company

would undertake hedge transaction only where it is exposed to price risk. Authorised

Dealers may refuse to undertake any hedge transaction if it has a doubt about the

bonafides of the transaction or the corporate is not exposed to price risk. The

conditions subject to which ADs would grant permission to hedge and the guidelines

for monitoring of the transactions are given below. It is clarified that hedging the price

risk on domestic sale/purchase transactions in the international exchanges/markets,

even if the domestic price is linked to the international price of the commodity, is not

permitted, except certain specified transactions as approved/may be approved by

Reserve Bank. Necessary advice may be given to the customers before they start

their hedging activity.

4. Banks which have been granted permission to approve commodity hedging may

40

submit an annual report to the Chief General Manager, Reserve Bank of India,

Foreign Exchange Department, Central Office, Forex Markets Division, Amar

Building, 5th Floor, Mumbai – 400 001 as on March 31 every year, within one month,

giving the names of the corporates to whom they have granted permission for

commodity hedging and the name of the commodity hedged.

5. Applications from customers to undertake hedge transactions not covered under

the delegated authority may continue to be forwarded to Reserve Bank by the

Authorised Dealers Category-I, for approval.

a) Conditions/ Guidelines for undertaking hedging transactions in the international commodity exchanges/ markets

1. The focus of hedge transactions shall be on risk containment. Only off-set hedge is

permitted.

2. All standard exchange traded futures and options (purchases only) are permitted.

If the risk profile warrants, the corporate/firm may also use OTC contracts. It is also

open to the Corporate/firm to use combinations of option strategies involving a

simultaneous purchase and sale of options as long as there is no net inflow of

premium direct or implied, subject to the guidelines detailed in Annex I O.

Corporates/firms are allowed to cancel an option position with an opposite

transaction with the same broker.

3. The corporate/firm should open a Special Account with the authorised dealer

Category-I. All payments/receipts incidental to hedging may be effected by the

authorised dealer Category-I through this account without further reference to the

Reserve Bank.

4. A copy of the Broker’s Month-end Report(s), duly confirmed/countersigned by the

corporate’s Financial Controller should be verified by the bank to ensure that all off-

shore positions are/were backed by physical exposures.

5. The periodic statements submitted by Brokers, particularly those furnishing details

of transactions booked and contracts closed out and the amount due/payable in

settlement should be checked by the corporate/firm. Unreconciled items should be

followed up with the Broker and reconciliation completed within three months.

41

6. The corporate/firm should not undertake any arbitrage/speculative transactions.

The responsibility of monitoring transactions in this regard will be that of the

authorised dealer Category-I.

7. An annual certificate from Statutory Auditors should be submitted by the

company/firm to the authorised dealer Category-I. The certificate should confirm that

the prescribed terms and conditions have been complied with and that the

corporate/firm’s internal controls are satisfactory. These certificates may be kept on

record for internal audit/inspection.

b) Hedging of commodity price risk on petroleum & petroleum Products by domestic crude oil refining companies

1. The hedging has to be undertaken only through AD Category – I banks, who have

been specifically authorised by Reserve Bank in terms A. P. (DIR Series) Circular

No.03 dated July 23, 2005/para D(I)(a) of this circular, subject to conditions and

guidelines as also given in (a) and (b) of this Annex i.e. Annex I H.

2. While extending the above hedging facilities, AD Category – I banks should ensure

that the domestic crude oil refining companies hedging their exposures should

comply with the following:

i. to have Board approved policies which define the overall framework within which

derivatives activities are undertaken and the risks contained;

ii. sanction of the company's Board has been obtained for the specific activity and

also for dealing in OTC markets;

iii. the Board approval must include explicitly the mark-to-market policy, the

counterparties permitted for OTC derivatives, etc.; and

iv. domestic crude oil companies should have put up the list of OTC transactions to

the Board on a half yearly basis, which must be evidenced by the AD Category – I

bank before permitting continuation of hedging facilities under this scheme.

3. The AD Category – I banks should also ensure “user appropriateness” and

“suitability” of the hedging products used by the customer as laid down in Para 8.3 of

'Comprehensive Guidelines on Derivatives' issued vide our circular DBOD No.

BP.BC. 86/21.04.157/2006-07 dated April 20, 2007.

42

Annex I.I Approval Route Residents in India, engaged in import and export trade or as otherwise approved by

Reserve Bank from time to time, may hedge the price risk of all commodities in the

international commodity exchanges/markets. Applications for commodity hedging of

companies/ firms which are not covered by the delegated authority of Authorised

Dealers Category-I may be forwarded to Reserve Bank for consideration through the

International Banking Division of an AD bank along with specific recommendation

giving the following details:

1. A brief description of the hedging strategy proposed, namely:

a) description of business activity and nature of risk,

b) instruments proposed to be used for hedging,

c) names of commodity exchanges and brokers through whom risk is

proposed to be hedged and credit lines proposed to be availed. The name

and address of the regulatory authority in the country concerned may also be

given,

d) size/average tenure of exposure and/or total turnover in a year, together

with expected peak positions thereof and the basis of calculation.

2. A copy of the Board Risk Management Policy approved by the Management

covering;

a) risk identification

b) risk measurements

c) guidelines and procedures to be followed with respect to revaluation and/or

monitoring of positions

d) names and designations of officials authorised to undertake transactions

and limits

3. Any other relevant information.

A one-time approval will be given by Reserve Bank along with the guidelines for

undertaking this activity.

43

Annex I J

Booking of contracts on past performance basis Report as on ______________________ Name of the bank – (in USD)

Amount of contracts booked

(3)

Amount utilized (by delivery of

documents) (4)

Amount of forward contracts

cancelled (5)

Total

Limits

sanctioned

during the

month (1)

Cumulative

sanctioned

limits (2) Forward

Contract

Fcy/

INR

option

Cross

currency

option

Forward

Contract

Fcy / INR

option

Cross

currency

option

Forward

Contract

Fcy /

INR

option

Cross

currency

option

Number of customers availing past performance facility as on date of report: ------------

Notes:

1. The position of the bank as a whole shall be indicated.

2. Amounts in columns 2, 3, 4 and 5 should be cumulative positions over the

year. Outstanding amounts at the end of each financial year shall be carried

over and taken into account in the next year's limit and therefore shall be

included while computing the eligible limits for the next year

44

Annex I L

Statement giving details of import / export turnover, overdues, etc.

Name of the constituent: ______________________________________

(Amount in USD million)

Financial Year

(April-March)

Turnover Percentage of overdue bills to turnover

Existing limit for booking of forward cover based on past performance

Export Import Export Import Export Import

2006-07

2007-08

2008-09

45

Annex I M

Conditions / Guidelines for issuance of standby letter of credit /bank guarantee - commodity hedging transactions

1. AD Category I banks may issue guarantees/standby letters of credit only

where the remittance is covered under the delegated authority or under the

specific approval granted for overseas commodity hedging by Reserve Bank.

2. The issuing bank shall have a Board approved policy on the nature and extent

of exposures that the bank can take for such transactions and should be part of

the credit exposure of the customers. The exposure should also be assigned risk

weights, for capital adequacy purposes as per the extant provisions.

3. The standby letter of credit / bank guarantee may be issued for the specific

purpose of payment of margin money in respect of approved commodity hedging

activities of the company.

4. The standby letter of credit / bank guarantee may be issued for an amount not

exceeding the margin payments made to the specific counterparty during the

previous financial year.

5. The standby letter of credit / bank guarantee may be issued for a maximum

period of one year, after marking a lien on the non-funded facility available to the

customer (letter of credit / bank guarantee limit).

6. The bank shall ensure that the guidelines for overseas commodity hedging

have been duly complied with.

7. The bank shall ensure that broker's month-end reports duly confirmed

/countersigned by corporate's financial controller have been submitted.

8. Brokers' month end reports shall be regularly verified by the bank to ensure

that all off-shore positions are / were backed by physical exposures.

46

Annex I N [On letterhead of the Company]

Date :

To, (Name and address of the Bank) Dear Sir,

Sub : Declaration of amounts booked/cancelled under Past Performance facility We refer to the facility of booking of Forward or Option Contracts involving Foreign Exchange, based on the past performance facility with Authorised Dealer Category – I Banks (AD Category-I Banks), more specifically in relation to the undertaking submitted by us to you, dated [ ] in this regard ("Undertaking").

In accordance with the said Undertaking, we hereby furnish a declaration regarding the amounts of the transactions booked by us with all AD Category-I banks. We are availing the past performance limit with the following AD Category-I banks : …………………………………. Please find below the information regarding amounts booked / cancelled with all AD Category-I Banks under the said past performance facility as permitted under the FEMA Regulations :

(Amount in US Dollar) Eligible limit under past performance

Aggregate amount of contracts booked with all the ADs from April to ________ (quarter end date)

Amount of contracts cancelled with all ADs from April to _______ (quarter end date)

Amount of contracts o/s with all ADs as at _______ (quarter end date)

Amount utilised (by delivery of documents) as on _______ (quarter end date)

Available limits under past performance as on _______ (quarter end date)

Thanking you, Yours faithfully, For XXXXXX Authorised Signatories

47

Annex I O Conditions for allowing users to enter into a combinations of OTC option strategies involving a simultaneous purchase and sale of options

Users –Listed companies or unlisted companies with a minimum networth of Rs. 200

crore, which comply with the following:

• Adoption of Accounting Standards 30 and 32.

• Having a risk management policy and a specific clause in the policy that allows using the above mentioned combination of OTC option strategies.


a. Writing of options by the users, on a stand alone basis is not permitted. Users can however, write options as part of cost reduction structures, provided, there is no net receipt of premium.

b. No leveraged products and digital options are permitted.

c. The delta of the options should be explicitly indicated in the term sheet.

d. The portion of the structure with the largest notional should be reckoned for the purpose of underlying.

e. AD Category I banks may, stipulate additional safeguards, such as minimum net worth, continuous profitability, etc depending on the scale of operations and risk profile of the users.

-o-o-o-o-o-

Documents

Facilities for persons resident outside India